ALL RIGHT. WE'RE OVER AT THE SIDEBAR.

YOUR HONOR, THIS IS APPARENTLY A BLOWUP OF A PHOTOGRAPH. WE HAVE A SMALL VERSION OF THAT PHOTOGRAPH, BUT WE NEVER HAD A BLOWN UP VERSION OF THIS PHOTOGRAPH. OBVIOUSLY IT'S BEING USED AT THIS POINT IN TIME TO TRY TO DEMONSTRATE THAT SOME STAINS ON THIS REAR GATE WHICH WERE FOUND ON JULY 3RD WERE THERE ON JUNE 13TH, AND I THINK WE SHOULD HAVE HAD PRIOR NOTICE THEY WERE GOING TO ENGAGE IN THIS KIND OF BLOWUP SO THAT WE WOULD HAVE AN OPPORTUNITY TO HAVE AN EXPERT STUDY IT AND PERHAPS DO OUR OWN OR GET ACCESS TO THE NEGATIVES.

YOUR HONOR, FOR THE RECORD, THIS IS ONE OF THE PHOTOGRAPHS TAKEN ON JULY THE 13TH AND THEY ALL HAVE HAD IT IN DISCOVERY FOR MONTHS AND MONTHS. I MEAN, I DON'T UNDERSTAND THE BASIS OF THE OBJECTION.

THE BASIS OF THE OBJECTION, YOUR HONOR, IS, I HAVE NO IDEA WHAT PROCESSES THEY USED. THEY ARE GOING TO BE OFFERING IT TO THIS JURY. WE, OF COURSE, HAVE LOOKED AT A SMALLER VERSION OF THIS PHOTOGRAPH AND ATTEMPTED TO SEE IF WE CAN SEE SOMETHING THAT WAS CONSISTENT WITH BOTH 115 AND 116 THERE AND FROM THE SMALLER VERSION, YOU KNOW, COULD NOT REACH SUCH CONCLUSIONS. AND THE PROBLEM IS, WE HAVE NO IDEA HOW THIS WAS BLOWN UP. WE HAD NO OPPORTUNITY -- ACCESS TO NEGATIVES AND EXAMINE OUR OWN OR FIGURE OUT WHAT'S GOING ON WITH THIS KIND OF PHOTOGRAPHY. THAT'S ALL.

ALL RIGHT. MR. GOLDBERG.

WELL, YOUR HONOR, WE HAVE TO GIVE THEM DISCOVERY IN ACCORDANCE WITH THE LAW. WE'VE GIVEN THEM THE PHOTOGRAPHS. THEY'VE HAD IT FOR MONTHS. THEY HAVE KNOWN THIS EXISTED. WHAT THEY ARE COMPLAINING ABOUT IS, THEY DON'T KNOW WHAT OUR TRIAL TACTIC IS GOING TO BE. WE DON'T HAVE TO GIVE THEM NOTICE OF HOW BIG THE PHOTOGRAPH -- WILL YOU PLEASE WAIT -- OF HOW BIG THE PHOTOGRAPH IS GOING TO BE. AND THEY DON'T HAVE ANY -- WE DON'T HAVE TO GIVE THEM NOTICE OF SPECIFICALLY WHAT WE ARE GOING TO USE, YOU KNOW, WHAT WE ARE GOING TO USE TO HANDLE ISSUES THAT THEY'VE RAISED PER SE AS LONG AS THEY HAVE THAT DISCOVERY, AS LONG AS THEY HAVE ACCESS TO THE MATERIAL. WHAT THEY ARE COMPLAINING ABOUT IS, THEY DIDN'T KNOW WHAT MY STRATEGY WAS GOING TO BE.

YOUR HONOR, WHAT I'M COMPLAINING ABOUT IS THE FACT THAT OBVIOUSLY THIS IS BEING OFFERED FOR A VERY MATERIAL PURPOSE. THAT IS TO SAY THAT YOU CAN SEE SOMETHING THERE THAT'S VERY, VERY FAINT AND SOMETHING THAT, YOU KNOW, WE HAD DIFFICULTY SEEING IN A SMALL PHOTOGRAPH. WE DON'T KNOW WHAT PROCESSES WERE USED TO BLOW THIS UP. THEY HAVE ACCESS TO THE NEGATIVES. IF THEY WERE GOING TO BE ENGAGING IN BLOWING UP A PHOTOGRAPH OF THIS KIND, PARTICULARLY FOR THIS IMPORTANT PURPOSE, THEY WERE REQUIRED TO TELL US, SHOW US SO THAT WE CAN INVESTIGATE THIS PHOTOGRAPH, GET ACCESS TO THE NEGATIVES OURSELVES AND BLOW IT UP EVEN FURTHER. YOU KNOW, I THINK THIS IS A SURPRISE TACTIC AND THEY'RE OBLIGATED TO SHOW US THIS. THEY CAN'T GIVE US A PHOTOGRAPH WHERE YOU CAN'T REALLY SEE ANYTHING AND TRY TO PROVE THAT THERE'S REALLY BLOODSTAINS ON A GATE ON JUNE 13TH THAT THEY CAME BACK AND FOUND JULY 3RD. I DON'T THINK THAT'S FAIR.

ALL RIGHT. I'VE HAD THE OPPORTUNITY TO LOOK AT THE PHOTOGRAPH. IT DOES APPEAR TO BE A ROUGHLY EIGHT BY TEN COLOR PHOTOGRAPH THAT APPEARS TO DEPICT THE BOTTOM PORTION OF THE FENCE ON THE WEST SIDE OF THE BUNDY WALKWAY. AND BY USING A MAGNIFYING GLASS, I CAN SEE FROM THIS BLOWN-UP PHOTOGRAPH WHAT APPEARS TO BE A REDDISH STAIN AT THE BOTTOM OF THE GATE WHICH APPARENTLY IS WHAT WE ARE LOOKING AT HERE. I DON'T NOTICE ANYTHING UNUSUAL ABOUT THE MANNER IN WHICH THIS HAS BEEN BLOWN UP. IT DOESN'T APPEAR TO BE DISTORTED IN ANY WAY, AND I'LL OVERRULE THE OBJECTION.

MAY I MAKE A STATEMENT?

BUT I WOULD ASK COUNSEL BEFORE WE START EVERY DAY THAT YOU LET EVERYBODY KNOW WHAT EXHIBITS ARE GOING TO COME IN.

ALSO, THEY'RE NOT SHOWING EXHIBITS TO US.

WELL, YOU KNOW, I'VE SHOWN THEM ALL. THIS WAS A EXHIBIT WHERE I DID NOT SHOW THEM IN ADVANCE, BUT I HAVE SHOWN THEM SEVERAL DAYS IN ADVANCE. I APOLOGIZE TO THAT.

I REALLY THINK THAT'S THE POINT. THEY DIDN'T SHOW US --

COUNSEL, I'VE RULED. THANK YOU.